The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council decided to approve a planning application. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is late and here are no good reasons to exercise our discretion to investigate it.
The complaint
Mrs X complains the Council decided to approve a planning application where changes made to an historic lane were not clear. She also says the Council: failed to make a conservation officer’s report public until it received a request made under the Freedom of Information Act; and failed to publicise changes to a footpath.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains about the way the Council approved a planning application in April 2023. She was aware of the Council’s decision at that time. From the information, in May 2023 the Council considered her complaint and advised her of her right to contact the Ombudsman. It advised she should contact us within 12 months. However, Mrs X did not complaint to us until August 2024. Therefore, her complaint is late.
Final decision
We will not investigate Mrs X’s complaint because it is late. I have seen no good reasons for the delay in bringing the complaint to us and I will not therefore exercise our discretion on this matter.
Investigator's decision on behalf of the Ombudsman